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UNITED STATES v. SMITH

Nos. 73-1599 to 73-1601.

496 F.2d 185 (1974)

UNITED STATES of America, Appellee, v. Dalton Carl SMITH et al., Appellants.

United States Court of Appeals, Tenth Circuit.

Decided May 1, 1974.

Rehearing Denied June 10, 1974.

Attorney(s) appearing for the Case

Robert L. Pitler, Denver, Colo. (George Miskovsky, Oklahoma City, Okl., with him on the brief), for appellant, Dalton Carl Smith.

Alex Stephen Keller, Denver, Colo., for appellant, Michael J. Fitzgerald.

Isaac S. Willson, Wheat Ridge, Colo., for appellant, Jack L. Biggs.

Paul D. Cooper, Asst. U. S. Atty. (James L. Treece, U. S. Atty., with him on the brief), for appellee.

Before SETH and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.

BRATTON, District Judge.

This appeal is from the convictions pursuant to 18 U.S.C.A. § 371 of Dalton Carl Smith, Michael J. Fitzgerald and Jack L. Biggs for conspiring to defraud the United States.

The one count indictment charged that the appellants wilfully and knowingly conspired to defraud the United States of and concerning its governmental functions and rights. The rights involved are its right to have the official business of the Small Business...

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